Contract end date and redundancy entitlement

WYSPECIAL

It looks like my job is being made redundant and a new structure introduced.

The date for the new structure is just short of my anniversary date so I lose out on a years worth of redundancy entitlement with the planned exit date for those leaving.

However it now looks as if they plan to serve notice only four weeks before the implementation date and as I am entitled to 12 weeks notice pay me in lieu of notice for the last 8 weeks.

Does this mean that my actual dismissal date will be at the end of the PILON period and therefore after my anniversary date?

Comms69

is that statutory notice?

getmore4less

To put the question another way how long will have you worked there at the proposed notice of termination date.

lulu650

WYSPECIAL wrote: »

......Does this mean that my actual dismissal date will be at the end of the PILON period and therefore after my anniversary date?

No, payment in lieu of notice means just that, your employer will pay you instead of giving you a notice period (or correct notice) therefore the termination date remains the same.

getmore4less

lulu650 wrote: »

No, payment in lieu of notice means just that, your employer will pay you instead of giving you a notice period (or correct notice) therefore the termination date remains the same.

The relevant date used for redundancy can be later when PILON includes some or all of the statutory notice period.

If that date crosses a birthday and/or a service anniversary the redundancy payment can increase.

WYSPECIAL

The terms of my contract entitle me to 12 weeks notice.

The proposal is that they will only want me in the business for the first 4 and for the remaining 8 will be on PILON/garden leave.

Does this mean my termination date will be at the end of the full 12 weeks I am entitled to or when I am no longer required to attend after the 4 weeks?

My anniversary date falls in the 5th week so there is a fair difference in the amount of the redundancy payment.

Comms69

WYSPECIAL wrote: »

The terms of my contract entitle me to 12 weeks notice.

The proposal is that they will only want me in the business for the first 4 and for the remaining 8 will be on PILON/garden leave.

Does this mean my termination date will be at the end of the full 12 weeks I am entitled to or when I am no longer required to attend after the 4 weeks?

My anniversary date falls in the 5th week so there is a fair difference in the amount of the redundancy payment.

Contractual notice and statutory notice are different things, which is why 2 people asked you.


HOW MANY YEARS HAVE YOU WORKED THERE?

getmore4less

garden leave and PILON are not the same you need to know which it will be.

WYSPECIAL

Comms69 wrote: »

Contractual notice and statutory notice are different things, which is why 2 people asked you.


HOW MANY YEARS HAVE YOU WORKED THERE?

32. My 33rd year anniversary will be a week after date they no longer want us there but within the 12 week notice in my contract.

Comms69

WYSPECIAL wrote: »

32. My 33rd year anniversary will be a week after date they no longer want us there but within the 12 week notice in my contract.

So you have 12 weeks of statutory notice, which will take you over the threshold.

WYSPECIAL

getmore4less wrote: »

garden leave and PILON are not the same you need to know which it will be.

All they have said so far is that due to the proposed date to issue notice where notice required to be worked is less than contractual notice they will compensate for notice not worked or, subject to agreement, garden leave.